LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Court Raising Issue Suo Motu — Duty to Invite Address of Parties
PRINCIPLE STATEMENT
Where the court raises an issue suo motu and the issue goes to the root of the case, the parties must be given an opportunity to address the court on the point.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in State v. Oladimeji (2003) NLC-162002(SC) at p. 4; Paras B–C.
"Where, however, the court raises an issue suo motu and the issue goes to the root of the case, the parties must be given an opportunity to address the court on the point."
EXPLANATION / SCOPE
When a court raises an issue on its own motion that is fundamental to the case, it must hear the parties. The principle applies to all courts. Failure to do so violates fair hearing. The rule ensures that parties are not surprised. The court must invite submissions. The principle is fundamental.